Latest News 
 
INTELLECTUAL PROPERTY
 
Purchase of Key Words from Search Engines May Constitute Actionable 'Use' of Mark 
 
A trademark infringement defendant's purchase of keyword terms from search engines may constitute an actionable "use" of the plaintiff's trademark, if the plaintiff's mark appears on the resulting Internet displays of the defendant's goods, the U.S. District Court for the Northern District of New York held April 19. Declining in part to dismiss the plaintiff's trademark infringement claim for failure to allege a use in commerce under the Lanham Act, the court distinguished cases where keywords were used only to trigger the display of sponsored links. However, the court dismissed the claim insofar as it merely challenged the appearance of the disputed "data ring" phrase on the defendant's web site, without any allegation of its use as a trademark. Hamzik v. Zale Corp., 2007 ILRWeb (P&F) 1637.  Read more . . .

Other Intellectual Property news:
 
·  Federal Circuit Grants Permanent Stay Pending Appeal of Patent Verdict Against Vonage
·  Applying Sixth Circuit's Analysis on Remand, Court Finds Toner Program Uncopyrightable
·  Bankruptcy Asset Buyer Can Display on Web, Sell Acquired Items Bearing Protected Image
·  Use of Trademark to Key Internet Ads May Be Use in Commerce
·  Database of Computer Part Numbers, Descriptions Not Entitled to Protection
·  State Law Claim for Wrongful Exploitation of Software Held Preempted by Copyright Act
·  Sales of Reconfigured Cell Phones Violated DMCA
 
Search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Microsoft's Interoperability Price Data on Time, but 'Unreasonable,' EC Says 
 
The European Commission confirmed that Microsoft Corp. has met an April 23 deadline for responding to its latest "statement of objections" the European Union antitrust regulator issued to the world's largest software maker for failing to abide by a 2004 ruling that found the company guilty of abusing its dominant position in the sale of computer operating systems.  "The SO [statement of objections] indicated the Commission's preliminary view that there is no significant innovation in the part of the interoperability information for which Microsoft does not claim patent coverage, rejecting as unfounded 1,500 pages of submissions by Microsoft from December 2005 onwards, and that the prices proposed by Microsoft for the interoperability information as a whole were unreasonable," the EU antitrust regulator said in an April 23 statement.  Read more . . .
 
Other Internet Commerce news: 
 
·  Exclusive ILR Internet Commerce overview, E-Business: The Coming of the Age of E-Commerce, newly updated by Holly K. Towle of K & L Gates LLP
·  Mere Theft of Proprietary Data Is Not Actionable Under Computer Crime Law
·  FTC Will Hold Summer Conference on Spam
·  Certain Standards Support Medicare E-Prescribing
 
Search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Hyperlinks to Online Libel Were Not 'Republication' Tolling Limitations Period 
 
Creating hyperlinks to a web site does not "republish" the site's content for purposes of the statute of limitations applicable to libel actions, the U.S. District Court for the Southern District of California held March 7. The court said that statements made on the Internet fell within the single publication rule, such that later-created hyperlinks to the web site did not constitute a republication.  Sundance Image Technology, Inc. v. Cone Editions Press, Ltd., 2007 ILRWeb (P&F) 1421.  Read more . . .

Search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
FCC Grants Flexibility in Pricing to AT&T, Qwest for Advanced Services 
 
The Federal Communications Commission issued two orders April 23 granting both AT&T and Qwest the same pricing flexibility for packet-based advanced network services as Verizon, their largest competitor.  In similar orders, the commission said it granted the requests from AT&T and Qwest for a waiver of certain requirements under the commission's price cap rules to allow them to exercise pricing flexibility for advanced services that rely on packet technology, similar to the pricing flexibility they have for other special access services.  Read more . . .
 
Other Telecommunications news: 
 
·  Inouye to Introduce Two Bills on Research, Broadband Data
·  Boucher Universal Service Bill Being Readied for Introduction
·  FCC's 700 MHz Auction Rules to Be Scrutinized by Committee
·  U.S. Broadband Ranking Slips; Copps Calls for National Strategy
 
Search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Worker Who Brought His Own Computer to Use at Work Had No Privacy Expectation 
 
A city office worker who brought his personal computer to work, hooked it up to the office network, and left it on all the time in an open area with no password protection did not have a subjective expectation of privacy in material stored on its hard drive, much less a constitutionally protected one, the U.S. Court of Appeals for the Tenth Circuit held April 3. Therefore, the court ruled, images of child pornography that a city police officer inadvertently came across on the computer while checking out an access problem were lawfully obtained.  United States v. Barrows, 2007 ILRWeb (P&F) 1601.  Read more . . .
 
Other Privacy & Security news: 
 
·  IRS Will Enhance Wireless Network Security After TIGTA Investigation Finds Deficiencies
·  House Commerce Subcommittee Approves Bill to Regulate 'Spyware'
·  House Panel Critical of DHS Progress on Cybersecurity, Probes Intrusion Incidents
·  Marketers Should Help Children to Avoid Online Risks, Speakers Advise
·  Administration Seeks Changes to Electronic Surveillance Law
·  FTC Asked to Examine Privacy Issues in Google's Acquisition of DoubleClick
·  EU Concerned but Has Taken No Action on Google Data Retention Time, Officials Say
·  Administration Task Force Releases National Strategy to Combat ID Theft
 
Search ILR's Privacy & Security database 

TAXATION
 
Iowa Senate Approves Bill to Impose Sales Tax on Internet Downloads 
 
The Iowa Senate April 19 voted 29-20 to approve legislation that would impose the state's sales tax on digital products downloaded from the Internet.  Sen. Jack Hatch (D), chairman of the Senate Ways and Means Committee, said S.F. 596 is not expected to generate significant tax revenues for the state, but it would level the playing field for small Iowa retailers. He said people buying compact discs from Iowa retailers have to pay the state's 5 percent sales tax. It is only fair, he said, that people buying the same songs off the Internet pay the same tax.  Read more . . .

Other Taxation news: 
 
·  Finance Ministers Set to Tackle Carousel VAT Fraud Beyond U.K. 

Search ILR's Taxation database 

JURISDICTION & PROCEDURE 
 
Web Site Ineffectively Promoting State Sales Allows Jurisdiction Based on Intent 
 
A web site listing Colorado as one of only eleven states where a product could be purchased and providing detailed contact information for a Colorado distributor is enough to satisfy personal jurisdiction there even if no Colorado sales were ever made, the U.S. District Court for the District of Colorado held April 5.  The court said that Colorado had jurisdiction over a trademark infringement dispute because the defendant's web site manifested an intent to sell the allegedly infringing products there.  Nestle Prepared Foods Co. v. Pocket Foods Corp., 2007 ILRWeb (P&F) 1633.  Read more . . .
 
Other Jurisdiction & Procedure news: 
 
·  Interactive Web Site That Did Not Target Forum Does Not Supply Minimum Contacts
 
Search ILR's Jurisdiction & Procedure database

Latest Cases 
 
·  Arista Records LLC v. Does 1-9, 2007 ILRWeb (P&F) 1627 [D Colo] (In granting record companies' motion for expedited discovery, court declines to decide whether the Cable Act applies to cable Internet service providers)
·  Bryant v. Gordon, 2007 ILRWeb (P&F) 1623 [ND Ill] (Bankruptcy asset buyer can display on web, sell acquired items bearing protected image)
·  Cenveo Corp. v. CelumSolutions Software GMBH & Co. KG, 2007 ILRWeb (P&F) 1529 [D Minn] (Mere theft of proprietary data is not actionable under computer crime law)
·  Free Speech Coalition v. Gonzales, 2007 ILRWeb (P&F) 1533 [D Colo] (Challenges to regulations imposing recordkeeping requirements on online pornographers are dismissed in part)
·  Google, Inc. v. American Blind & Wallpaper Factory, Inc., 2007 ILRWeb (P&F) 1625 [ND Cal] (Use of trademark to key Internet ads may be use in commerce)
·  Hamzik v. Zale Corp., 2007 ILRWeb (P&F) 1637 [ND NY] (Purchase of key words from search engines may constitute actionable 'use' of mark)
·  Hollis v. Joseph, 2007 ILRWeb (P&F) 1609 [Pa Ct Com Pleas] (Interactive web site that did not target forum does not supply minimum contacts)
·  Montgomery v. eTreppid Technologies, LLC, 2007 ILRWeb (P&F) 1537 [D Nev] (State law claim for wrongful exploitation of software held preempted by Copyright Act)
·  Nestle Prepared Foods Co. v. Pocket Foods Corp., 2007 ILRWeb (P&F) 1633 [D Colo] (Web site ineffectively promoting state sales allows jurisdiction based on intent)
·  Providers Access and Saving System, Inc. v. Regence Group, Inc., 2007 ILRWeb (P&F) 1629 [ED Mich] (Insurers' web sites are not aimed at Michigan where insurers do not offer and are not licensed to offer insurance to Michigan residents)
·  Rules and Regulations Implementing the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, In re, 2007 ILRWeb (P&F) 1531 [FCC] (Decision not to exempt CMRS providers from the ban on sending Mobile Service Commercial Messages without express prior authorization will not be reconsidered)
·  Static Control Components, Inc. v. Lexmark International, Inc., 2007 ILRWeb (P&F) 1635 [ED Ky] (Applying Sixth Circuit's analysis on remand, court finds toner program uncopyrightable)
·  Sundance Image Technology, Inc. v. Cone Editions Press, Ltd., 2007 ILRWeb (P&F) 1421 [SD Cal] (Hyperlinks to online libel were not 'republication' tolling limitations period)
·  TracFone Wireless, Inc. v. Dixon, 2007 ILRWeb (P&F) 1299 [MD Fla] (Sales of reconfigured cell phones violated DMCA)
·  United States v. Barrows, 2007 ILRWeb (P&F) 1601 [10th Cir] (Worker who brought his own computer to use at work had no privacy expectation)
·  United States v. Jenkins, 2007 ILRWeb (P&F) 1631 [ND Ga] (Internet users are judged by the community standard of the community into which they direct material)
·  United States v. Perez, 2007 ILRWeb (P&F) 1621 [5th Cir] (Probable cause to search home supported by association of an IP address with a physical address, even in light of new information regarding housemates)
·  Windgate Software, L.L.C. v. Minnesota Computers, Inc., 2007 ILRWeb (P&F) 1535 [D Minn] (Database of computer part numbers, descriptions not entitled to protection)
 
Search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Fulbright & Jaworski v. EarthLink Legal Department (Subpoena in a Civil Case), 2007 ILRWeb (P&F) 1606 [ND Ga] (Firm representing the National Conference of Bar Examiners seeks identity of blogger who posted copyrighted questions from the Multistate Bar Exam)
·  Google, Inc. and DoubleClick, Inc., In re (Complaint and Request for Injunction, Request for Investigation and for Other Relief), 2007 ILRWeb (P&F) 1604 [FTC] (Public interest groups urge FTC to open an investigation into Google's proposed acquisition of DoubleClick)
·  Xiaoning v. Yahoo! Inc. (Complaint), 2007 ILRWeb (P&F) 1602 [ND Cal] (Human Rights USA files lawsuit against Yahoo! Inc. and its subsidiaries for the U.S. Internet company's complicity in human rights abuses and acts of torture in China) 
 
Search ILR's Pleadings database 

Latest Research from Pike & Fischer

The White Space Opportunity:  Spectrum as a Public Asset and the Impact on Incumbents
The FCC is in the final stages of deciding if and how to authorize use of the TV broadcast "white space," which it could make available by early 2009.  In this first-of-its-kind paradigm, we propose a detailed white space policy designed to maximize the amount of spectrum made available for "community" broadband networks.  We highlight the federal government's historic opportunity to directly and fully serve the public interest.  And as a final exercise, we consider the potential impact that our proposed free public networks would have on incumbents' revenues. 

Verizon vs. Vonage:  What It Means for Residential VoIP Service
On March 8th, a federal jury found that Vonage Holdings infringed on three Verizon patents, fueling speculation that the company could have to shut down its VoIP service.  This report analyzes the impact that this case will have on Vonage as well as other independent VoIP providers, and explains why the jury verdict will generate increased adoption of cable phone service. 

View all Market Research Reports & Briefs

Events & Conferences 
 
Broadband Policy Summit III  
June 7-8, 2007 - The Ritz-Carlton Pentagon City - Arlington, VA
Learn firsthand from top industry experts and regulators what's hot on the legislative and regulatory agendas, how this affects broadband business practices, and what you need to do to position your organization for strategic success.  Hear from top policy-makers and industry leaders from Congress, the FCC, NTIA, state commissions, cable operators, telcos and law firms.  Check out what organizations have secured their seats by visiting the Look Who's Coming page.
Download Brochure   Register Now 

Legal Risk Management in the Web 2.0 World
September 18, 2007 - AED Conference Center - Washington, D.C.
Gain the latest insights and guidance on dealing with the growing array of legal risks associated with social networking, user-generated content and other applications in the Web 2.0 world.  Prepare yourself by learning about existing and potential liabilities, and how you can manage your risk.  Join Pike & Fischer's team of attorney-experts and Broadband Advisory Services analysts and your fellow telecom and law colleagues for this unprecedented event.  Take advantage of our early bird rate and secure your registration today.
Learn More  Register Now

The New, New Media Revolution: User Generated Content
If you missed our audio conference on User Generated Content, you haven't missed out completely. CD-ROM recordings of the event are now available. Order one today!

View all Events & Conferences

Subscription Information

In order to receive your own copy of Internet Law & Regulation's Weekly Alert, please fill out the Weekly Alert sign-up form. Also, invite colleagues to request a trial to ILR. For additional information, contact customercare@pf.com. 

To unsubscribe, do not reply to this message. Instead, please use the unsubscribe feature at the bottom of this email.